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Politics Protecting US ingenuity and intellectual property

08:06  11 june  2021
08:06  11 june  2021 Source:   washingtonexaminer.com

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Contact Us . Home Division for Trade Policy and Negotiations Intellectual Property Enforcement. Intellectual property embodies unique work reflecting someone’s creativity and is all around us , manifested through miracle drugs, computer games, films, and cars. The three main areas of intellectual property law that innovators use to protect their ideas are Trademarks, Patents, and Copyrights.

Intellectual property protection is designed to prevent anyone else from taking your idea or creation and profiting from it, unless they obtain your permission. Exactly how to protect intellectual property depends upon the nature of the intellectual property . It is not always easy to determine the best type of protection . Determining the best way to protect intellectual property can be confusing and complex. This is especially true in highly technical areas such as computer algorithms. Someone who is writing a magazine article may simply need to include a copyright notice on the manuscript.

I am deeply concerned about the situation in India and other countries hit hard by COVID-19, and I share the goal of getting safe, effective vaccines to as many people as quickly as possible. But the best way to help these countries is for the Biden administration to continue lifting its export restraints.

a hand holding a remote control © Provided by Washington Examiner

We will soon have a surplus of vaccines that we can export to redress the situation in multiple countries, and this does not require undermining American innovation or congressional authority. The administration failed to give serious attention to some vital U.S. interests when it announced its support for waiving the operation of the World Trade Organization Agreement on Trade-Related Aspects of Intellectual Property Rights to address the COVID-19 crisis. Regrettably, opportunists (including China and Russia) are thrilled at the prospect. And there is no evidence that this waiver will increase global vaccine production, but substantial evidence it could undermine it.

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Intellectual property law (IP) protects the rights of any person or business who creates artistic work. Artistic work can include music, literature, plays, discoveries, inventions, words, phrases, symbols, and designs. Intellectual property law aims to encourage new technologies, artistic expression, and inventions that all promote economic growth. Just like the legal system protects people's physical property rights, it aims to protect people's mental labor, which we call intellectual property .

All businesses have intellectual property (IP) worth protecting , regardless of their size or sector. IP can be a brand, invention, design or another kind of creation, and it can be legally owned. Your IP is likely to be a valuable asset. Securing and protecting your IP could be essential to your business' future success, so it's vital to understand your rights and how the law can help you. This guide explains the importance of protecting intellectual property . It describes the types of legal protection available for IP rights, including patents, trade marks, design rights, registered designs and copyright.

The TRIPS Agreement is a congressionally approved trade agreement requiring WTO members to respect one another’s intellectual property rights, including patents for vaccines and other medical innovations. The United States, at the direction of Congress, was the driving force for this agreement, based on its innovation leadership. That leadership is due in major part to our founders, who gave Congress the power in the Constitution to bestow intellectual property rights in order to “promote the Progress of Science and useful Arts.” They were proven right, again, when America’s pharmaceutical companies brought to fruition highly effective, life-saving COVID-19 vaccines in under a year. This was indeed an extraordinary feat to be applauded as life begins to normalize around the country.

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Protecting Intellectual Property in the U . S . Do I Need to File for Protection Overseas? How Can I Protect My Business from Intellectual Property Theft? How Else Can I Protect My Copyright and/or Trademark? How Long Does Patent, Trademark or Copyright Protection Last? DOJ Computer Crime and Intellectual Property Section (CCIPS). Office of the National Counterintelligence Executive. Report Infringement of Your IP Rights.

The protection of intellectual property rights has come into common use only at the end of the 20th century, though the term appeared a century before. The main aim of IP protection is to guarantee authors their ownership rights and to take legal actions against anyone who copies and uses them without permission. We also provide IT services to multiple law firms focusing on IP rights, including patents and trademarks. If you are in search of a reliable IT provider, please contact us !

The U.S. produced this medical marvel, and many like it, because of our strong IP protections. There have been no credible arguments that these protections are hindering vaccine access around the world. Many key U.S. allies share this view. Germany’s Chancellor Angela Merkel has been blunt that a waiver of patent rights would not further production, but actually cause “severe complications.” On the other hand, key supporters of the waiver include Russia’s Vladimir Putin and others who have supported undermining IP for years.

So, why did the U.S. trade representative announce the administration would support waiving U.S. IP rights at the WTO? How will this expand global vaccine access when it takes years to establish quality manufacturing facilities? Won’t this compromise already stressed supply chains by having inexperienced manufacturers enter the market? What does it mean for national security when China and Russia are actively trying to steal U.S. vaccine technology? How would it affect our own domestic industry and efforts to bring more medical supply chains home? And how is any of this legal since the governing statute only allows the U.S. to withdraw from TRIPS “if and only if” Congress passes a resolution to that effect?

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Intellectual property is becoming more and more valuable and protecting intellectual property rights is becoming more important—and more difficult—as time goes by. The rise of the Internet is a major force behind the increase in intellectual property disputes. Here's a look at the top 5 intellectual property disputes both on and off the Internet. In April 2009, the 2nd US Circuit Court of Appeals issued a ruling stating that Google must continue in a trademark infringement lawsuit brought on by Rescuecom.

Intellectual property covers a large area of law, including patents, trademarks, copyright, and trade secrets. Since for many businesses and entrepreneurs, an idea is their key to economic success, being able to protect intellectual property is crucial in today's information economy. Intellectual property rights includes - Copyright, Patent, Trademarks, Trade designs, Geographical Indication and Plant variety protection . Why do we need to protect Intellectual property ? World Intellectual Property organisation (WIPO) has recognised the above mentioned rights to protec.

These questions remain unanswered by U.S. Trade Representative Katherine Tai, who did not consult with Congress before making the announcement. Time constraints did not preclude her from doing so. She has, in fact, noted that the “negotiations will take time.” The WTO director-general is targeting December for any outcome from these negotiations, which presents another question: Why is a TRIPS waiver needed in advance of an expected large surplus of vaccines to export as soon as this summer? The failure to consult is all the more striking because it is at odds with President Joe Biden’s emphasis that we “have to prove that democracy works.” Let’s prove it on the issue of the TRIPS waiver.

My Senate colleagues and I have a better approach. We introduced legislation requiring an in-depth assessment of a TRIPS waiver to ensure it actually achieves its goal without unintended consequences before it is adopted. If an analysis determines that the waiver would make a major difference, we could consider it on those terms. If not, we should consider policies (like promoting U.S. exports) that we know would help other countries in need. The legislation also requires the administration to consult with Congress, similar to the negotiation process for TRIPS and other free trade agreements, before it proceeds. Finally, and most importantly, the legislation would guarantee the administration a vote on any outcome it reaches. This approval vote would be similar to the fast-track procedures we use to approve free trade agreements and not subject to a filibuster.

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Crucially, any waiver should not extend to China and Russia, which have produced their own vaccines and are engaged in widespread technology theft. The U.S. Department of Justice issued indictments last summer against Chinese-backed hackers trying to steal Moderna’s research. The U.S. should not condone this bad behavior and allow China and Russia to profit off Americans' hard work.

This best path forward expands global vaccine access in a way that would not undermine American democracy and ingenuity.

Mike Crapo is the senior senator from Idaho.

Tags: Opinion, Op-Eds, Coronavirus, Vaccination, Biden Administration, Congress, Intellectual Property, Capitol Views, Healthcare, Foreign Policy

Original Author: Sen. Mike Crapo

Original Location: Protecting US ingenuity and intellectual property

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usr: 1
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